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Full Version: Fixed Penalty driving without insurance. Car Reg doesn't exist
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Jaimeufu
Hey all need some advice

Got pulled last week, driving with insurance, seized the car, collected next day. Received my Penatly. The car registration is completely OFF. Mine is VN14 XWW, the one on the Fixed Penalty is UN14 XWQ. I checked the car doesnt exsist.

I will attach a photo of the penalty, any advice greatly appreciated. I know its a absolute offence, My direct debit bounced. So I wasnt covered. But they cant do me for driving without insurance for a car that doesnt exsist?

Do I take to court?

Regards

Mr Evans

Jlc
The 'error' on the fixed penalty does not constitute a defence to the charge.

If you do not 'accept' the fixed penalty then a court would look at the facts and not what's on it.

QUOTE (Jaimeufu @ Thu, 8 Mar 2018 - 14:57) *
My direct debit bounced. So I wasnt covered.

What did the insurer do, what notification did you receive?
Jaimeufu
Nothing, apparently the police said sometimes it goes to spam and auto-deletes, I tried finding some notifcation but couldnt. But surely the charge is "null" as vehicle doesnt exsist. Or just a typo?

Regards
Stoofa
To be fair the registration isn't "completely off"
A U & V mistake can be made very easily and with the W & Q keys being next to each other on the keyboard, you can see how the second mistake was made.
Of course in an ideal world proper care and attention would be taken - but I guess there are always going to be typos when so many registration plates are entered daily.
StuartBu
QUOTE (Jaimeufu @ Thu, 8 Mar 2018 - 15:41) *
Nothing, apparently the police said sometimes it goes to spam and auto-deletes, I tried finding some notifcation but couldnt. But surely the charge is "null" as vehicle doesnt exsist. Or just a typo?

Regards


So have you not bothered to contact your insurers ...That would have been my first route to find out exactly what they sent out and by what means , ..Have you had your insurance reinstated since -doesnt seem like it ....you could have paid the instalment by some other means and you might find they would cover you for the period involved . As for the missing email what mail provider do you use ....if it's a webbased provider like GMail there are always copies held on gmail.com
Logician
You either accept the fixed penalty or it goes to court. You will be charged with driving a vehicle that was not insured, and they may get that number wrong again. But if you plead not guilty the officer(s) who stopped you will attend court, and apologise for the error but confirm that the car you were in was checked and found to be uninsured. So you are still likely to be found guilty, which as you acknowledge you were.

This is the problem with paying for insurance by instalments and many people are caught out by it. Far better if you can to pay the annual premium on a credit card, if the payment to the card company bounces they will write a nasty letter but your insurance is still valid. The 6 points from this offence is unfortunately going to make your premium rather heavier for the next few years.
samthecat
+1 for speaking with your insurance company, are you now paid up and covered by them again? If so will they provide you with written confirmation you would have been covered at the time of the stop, it's worth checking.

If you intend to defend the charge based on the VRM being incorrect you are likely to be disappointed, the first time you mention the fact it can be corrected.
iwt
I'd be looking at complaining to the insurance company, threatening them with taking them to the financial services ombudsman if they won't confirm that you were covered at the time.
Because a no insurance endorsement can double premiums for 5 years.
If they confirm you were covered at the time, get it in writing, reject the fixed penalty and send a copy...
So, OK, the direct debit bounced; they should've notified you in advance and probably given you the opportunity to fix the issue.
So what to their terms say about bounced direct debits? What sort of notice and in what form should it be delivered?
Email can be unreliable, and Interpretations Act applies to posted notices; so do the insurance company have your correct address, and did they post it out?
southpaw82
QUOTE (iwt @ Thu, 8 Mar 2018 - 19:45) *
Interpretations Act applies to posted notices

It applies to any document authorised or required by an Act to be served by post, not all post. Does an Act authorise or require a cancellation notice for a motor insurance policy to be sent by post?
peterguk
QUOTE (iwt @ Thu, 8 Mar 2018 - 19:45) *
I'd be looking at complaining to the insurance company, threatening them with taking them to the financial services ombudsman if they won't confirm that you were covered at the time.


How can you say that when you haven't bothered finding out any details?

QUOTE (Jaimeufu @ Thu, 8 Mar 2018 - 14:57) *
My direct debit bounced.
Logician
Insurance companies claim to give seven days notice of failed payments as an industry standard. Many people claim not to receive them, no doubt the police were referring to this notice going into spam etc. I very much doubt the ombudsman is going to help.
StuartBu
QUOTE (peterguk @ Thu, 8 Mar 2018 - 20:35) *
QUOTE (iwt @ Thu, 8 Mar 2018 - 19:45) *
I'd be looking at complaining to the insurance company, threatening them with taking them to the financial services ombudsman if they won't confirm that you were covered at the time.


How can you say that when you haven't bothered finding out any details?



That bit you quoted wasnt posted by OP!!!
peterguk
QUOTE (StuartBu @ Thu, 8 Mar 2018 - 22:38) *
QUOTE (peterguk @ Thu, 8 Mar 2018 - 20:35) *
QUOTE (iwt @ Thu, 8 Mar 2018 - 19:45) *
I'd be looking at complaining to the insurance company, threatening them with taking them to the financial services ombudsman if they won't confirm that you were covered at the time.


How can you say that when you haven't bothered finding out any details?



That bit you quoted wasnt posted by OP!!!


I quoted two posts, one from OP, and one from iwt.
StuartBu
QUOTE (peterguk @ Thu, 8 Mar 2018 - 22:40) *
QUOTE (StuartBu @ Thu, 8 Mar 2018 - 22:38) *
QUOTE (peterguk @ Thu, 8 Mar 2018 - 20:35) *
QUOTE (iwt @ Thu, 8 Mar 2018 - 19:45) *
I'd be looking at complaining to the insurance company, threatening them with taking them to the financial services ombudsman if they won't confirm that you were covered at the time.


How can you say that when you haven't bothered finding out any details?



That bit you quoted wasnt posted by OP!!!


I quoted two posts, one from OP, and one from iwt.

Right I see what you were getting at now . Seems that OP hasnt bothered finding out any details either .... theres a lot missing to OPs side of events re the DD being declined and how insurers acted afterwards.
peterguk
QUOTE (StuartBu @ Thu, 8 Mar 2018 - 23:17) *
QUOTE (peterguk @ Thu, 8 Mar 2018 - 22:40) *
QUOTE (StuartBu @ Thu, 8 Mar 2018 - 22:38) *
QUOTE (peterguk @ Thu, 8 Mar 2018 - 20:35) *
QUOTE (iwt @ Thu, 8 Mar 2018 - 19:45) *
I'd be looking at complaining to the insurance company, threatening them with taking them to the financial services ombudsman if they won't confirm that you were covered at the time.


How can you say that when you haven't bothered finding out any details?



That bit you quoted wasnt posted by OP!!!


I quoted two posts, one from OP, and one from iwt.

Right I see what you were getting at now . Seems that OP hasnt bothered finding out any details either .... theres a lot missing to OPs side of events re the DD being declined and how insurers acted afterwards.


I agree with you. DD could have bounced months ago for all we know.
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